UPDATE 6/6/13: New York's Amsterdam News reports the bill to restore lever machine voting in NYC "has passed the Senate, and the Assembly is seriously considering returning to lever machines"...

State Sen. Jack Martins’ office said that lever-style voting machines are widely preferred because of their ease and availability, as opposed to alternatives, which have been found to be prohibitive both in terms of cost and practicality.

“The new scanner machines were intended to move us forward, but unfortunately were a huge step back for many,” said Martins.

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We have yet another potential mess concerning elections in New York City on the new optical-scan computer tabulation systems which recently replaced the mechanical lever machines used by the city for decades.

This time, the problem relates to the upcoming citywide elections in September which, if no candidate wins more than 40% in any of the primary races, a runoff will be required by state law, just two weeks later.

This is now a huge problem for the city, since there is concern that it could be all but impossible to re-prepare and fully re-test the computer optical-scan systems in the short time after the primary and before the runoff elections. It has left some, including Mayor Michael Bloomberg, as well as the NYC Board of Elections, seemingly regretting the move away from lever machines and considering bringing them out of mothballs for this year's runoffs.

"The computers just can't be programmed and readied in time for a runoff," ABC7's Dave Evans notes in his video report on Monday (posted below). "The old machines can be."

Further adding to the problems, says State Board of Elections Commissioner Doug Kellner "If there is a very close primary election, it may not be possible to determine the candidates in the runoff election in the time frame available."

Since New York state was the last in the nation to "upgrade" their voting systems from the old lever systems to new proprietary computer optical-scan systems over the last several years, the move has caused nothing but headaches in New York City and across the state...

Problems with New York's new electronic voting system are being reported across the state today, according to the New York Times. Today's primary elections mark the first statewide use of the new, paper-based optical-scan systems which have been been the cause of much controversy among election officials and Election Integrity advocates over the last several months and years in the Empire State.

New York is the last state in the union to replace their older election system --- much of the state, as well as all of New York City had previously used mechanical lever machines --- with new-fangled, failure-prone, easily-manipulated computerized systems following the federal Help America Vote Act (HAVA) of 2002 which was enacted in the wake of the 2000 Presidential Election debacle.

In New York City, where Wall Street Journal reports the problems are "most severe" --- including reports from Mayor Bloomberg on "reports of broken and missing scanners, poor customer service and poll sites opening two to four hours late" --- the new systems are made by ES&S, the nation's largest voting machine company, and one with a storied history of election failures.

The systems used in other parts of the state are largely manufactured by the Canadian firm Dominion Voting, formerly as a partnership with Sequoia Voting Systems. Dominion eventually bought out cash-strapped Sequoia's portion of the NY state deal before buying out Sequoia entirely earlier this year. The purchase of Sequoia, then the nation's third-largest e-voting firm, on the heels of their purchase of Diebold/Premiere just weeks prior, has vaulted Dominion, virtually overnight, to one of the largest e-voting vendors in the U.S..

Some state election officials and Election Integrity advocates alike had long-warned against the implementation of these new systems, going so far as to take the issue to court and to testify to the inability of certifying the accuracy of elections run on the new machines.

According to the Times this morning, some polling places "did not open for more than 90 minutes" in Brooklyn; elsewhere, every ballot scanned "was returning a the 'system error'" message; and across the state, there have been reports of "longer-than-usual delays and troubles with the scanners that are supposed to swallow and tabulate the new, SAT-style ballots"...

New York is the last state in the nation to have a non-computerized, transparent voting system. We still use immutable, theft-deterring mechanical lever machines to count our votes. (* - Please seen bottom of this article for a quick explanation of how lever machines work, for those who may not know.)

New Yorkers are fighting to keep their current voting system, notwithstanding that New York's legislature passed a law in 2005 that says we should give up our observable, reliable levers in exchange for unreliable, concealed software-based vote counting machines. Nearly 1,800 New Yorkers have signed a petition, and three counties (Dutchess, Ulster, and Columbia, all PDFs), have passed resolutions to save New York's lever voting system.

The Association of Towns (half of New York's entire population lives in towns) recently passed a resolution to save the levers [PDF], and Nassau, Greene, and other counties are presently considering similar action to retain New York's lever voting system.

Moreover, reliable sources have confirmed for me that neither the Governor nor the Attorney General nor the State Legislature that passed the "Election Reform and Modernization Act" (ERMA) want to replace the levers anymore either (what politician would want to be responsible for choosing to cut essential programs for hungry children or the elderly, just to be able to replace our superior and affordable voting system with budget-breaking computers that are notoriously corruptible and defective?). But the State Legislature has not repealed ERMA and the Attorney General, to date, has supported the State (not the citizens).

So what is driving New York State to stick with a law that so many in New York believe to be such a bad idea? As a New Yorker who has been talking to many election commissioners, legislators and citizens, I was surprised to learn how many people believe the "Help America Vote Act" (HAVA) actually banned lever machines.

I read HAVA. It clearly does not ban levers. I recently discovered what has helped fuel this misinformed opinion in part: it is the discredited position of the discredited U.S. Election Assistance Commission (EAC), as detailed in a newly-unearthed document prepared for the state of Pennsylvania, at their request, in regard to the legality of lever voting machines.

Although the agency is not a court of law, and not even an agency deserving of deference for its opinions --- its allegiance has clearly been shown to be not with either voters or democracy --- the "HAVA-banned-levers" rumor was given the imprimatur of the EAC through this little-noticed document...

"The voting industry sells crap, and that is the problem."
-Douglas A. Kellner, Co-Chair New York State Board of Elections

I received a cache of documents surrounding NY's electoral system. Some of this material indicates justified resistance to computerized systems that fail to perform as intended, despite being certified. Some exposes deliberate info-suppression, preventing election officials from acting in the best interest of the public. One NY attorney extensively researched NY's election law history, showing the wisdom and security of prior law. A University of Virginia professor researched lever voting machines and provides a dire warning about new technology with its paper-based audit trail. This lengthy piece synthesizes the material for those interested in New York's battle to retain election integrity or to implement wholly condemned systems that have failed across the nation.